Higbee v. Rice
Massachusetts Supreme Judicial Court
This was a writ of entry, in which Dexter Higbee, Silas Higbee, David Higbee, and Aaron Gray, and Hannah, his wife, in her right, demanded against the tenant two undivided eighth parts of two hundred acres of land * in Sheffield, known by [ * 345 ] the name of Higbee’s Grant, and of which the demand-ants allege that they were seised within thirty years last past, and until they were disseised by the tenant.
1Opinion of the Court
The opinion of the Court was afterwards delivered to the following effect by
Parsons, C. J.
Four several points were reserved by the judge. The second and third arise from the consideration of the effect and operation of the trusts expressed in the deed to Abraham Burrall. But as the demandants do not claim under this deed, nor under the grantors, and as they are not parties or privies to it, and their rights cannot be affected by it, it is unnecessary particularly to state these points, or to give any opinion upon them.
The first point arises on the construction of the legislative grant. The…
2Cases cited3 opinions
- Pray v. PierceMassachusetts Supreme Judicial Court · 1811
- Kelleran v. BrownMassachusetts Supreme Judicial Court · 1808
- Roberts v. WhitingMassachusetts Supreme Judicial Court · 1819
3Cited by21 opinions
- Hicks v. ColemanCalifornia Supreme Court · 1864
- Coogler v. RogersSupreme Court of Florida · 1889
- Ingalls v. NewhallMassachusetts Supreme Judicial Court · 1885
- Harlan v. SparksCourt of Appeals for the Tenth Circuit · 1942
- Murphy v. CommonwealthMassachusetts Supreme Judicial Court · 1905
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